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EU Issues Preliminary Findings That Meta and TikTok Violated the Digital Services Act

New EU researcher-access rules take effect October 29, with both companies now entering a remedy-and-reply stage that could lead to significant penalties.

Overview

  • Commission investigators say both platforms restricted researchers’ access to public data, often yielding partial or unreliable datasets that hinder independent scrutiny.
  • Meta is accused of using dark patterns that discourage reporting of illegal content, with Notice-and-Action tools deemed hard to find and appeals of moderation decisions judged inadequate.
  • If the breaches are confirmed, fines could reach up to 6% of each company’s global annual turnover, and the Commission may order corrective measures and periodic penalties.
  • The probe drew on cooperation with Ireland’s Coimisiún na Meán and will involve consultation with the European Board for Digital Services as part of the enforcement process.
  • In a separate U.S. case, a D.C. judge ruled prosecutors may use Meta’s internal documents in a teen-harms lawsuit, adding legal pressure outside the EU.